Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33768 of 2019 Applicant :- Ramlal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Debee Shanker Pandey,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Sri Dhirendra Kumar Srivastava, Advocate has filed Vakalatnama on behalf of the informant, the same is taken on record.
Heard learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the informant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the applicant is innocent and has been falsely implicated in the present case. Both the sides are stated to have indulged into free fight, which took place on the whisper of the moment. There was no pre-meditated plan to cause any injury on the informant side, even the applicant and his family members have also sustained injury. Both sides had lodged their respective N.C.Rs. regarding the same incident. However, it so happened that one of the injured on the informant side died in the evening, due to which the case was altered inter alia under section 304 I.P.C. Under similar circumstances, other co- accused- Sandip Yadav and Shambhu Yadav have already been admitted to bail by this Court on 19.7.2019 and 30.7.2019 in Criminal Miscellaneous Bail Application Nos.28740 of 2019 and 30549 of 2019. Copies whereof have been annexed as Annexure No.13 to the affidavit filed in support of the bail application. Criminal history of the applicant has been explained under paragraph no.4 to the supplementary affidavit filed in support of this bail application. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 16.4.2019 Sri Dhirendra Kumar Srivastava, learned counsel for the informant and learned A.G.A. have vehemently opposed prayer for bail, however they have not disputed grant of bail to the aforesaid accused.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Ramlal Yadav involved in Case Crime No. 51 of 2019, under Sections - 304, 323, 504, 506, 325, 427 I.P.C., Police Station - Saiyadraja, District - Chandauli be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 21.8.2019 S Rawat